U.S. Immigration
Green Card Lawyers
Green cards are direct immigrant visas that allow foreigners to gain permanent resident status in America. But applying for one is costly, time-consuming and often difficult. Filing for and obtaining one from Canada typically takes 12 to 18 months – provided you don’t run into problems.
Before you put yourself through the process, our lawyers at Border Solutions can help you evaluate the most important initial question surrounding green cards: Do you actually need one for your situation and goals?
Analyzing Your Needs – Green Card Or Not?
Every week, our firm receive inquiries from Vancouver residents who think they need a green card when, in fact, many of them do not. Part of how we create value for our clients is by analyzing their true immigration needs and determining which path accomplishes the goal in the most optimal way.
If, in your case, that involves filing for a green card, then we’ll guide you through the process. If not, we’ll let you know the alternatives that could meet your goals – in many cases, more quickly and at less expense.
Often, all it takes is a streamlined prescreening consultation to determine the best route. Our lawyers will run through all your options by considering such questions as:
- Are you planning to work in the U.S.?
- How long do you plan to stay?
- How soon do you need to be in the U.S.?
- Do you really need an immigrant visa or will a nonimmigrant work visa suffice?
- If you need a green card, which category best suits your needs?
What is Adjustment of Status?
Adjustment of status (AOS) allows individuals who are already in the United States to apply for their green card without leaving the country. This is a common way for those in the U.S. already on a valid visa to apply for permanent residency and obtain their green card. Adjustment of status can be used by individuals with both employment-based (EB) visas and family-based sponsorship visas.
To obtain your green card through AOS, you’ll need to file your initial petition (for family or employment sponsorship), or petition approval notice, and your AOS application together. AOS can include parallel applications for work and travel permits, and processing times for those applications can vary.
AOS can have significant advantages for applicants, as they are allowed to stay in the U.S. while awaiting approval and receive interim benefits in the meantime. For example, you may be allowed to continue working while you wait for a decision.
While AOS can be beneficial, there are also important timing considerations and eligibility requirements, which must be properly vetted. Depending on the circumstances, there may be a period of time during which the applicant is not permitted to leave the United States without their application being considered abandoned. Anyone considering AOS would benefit from working with our team of experienced US immigration attorneys to avoid common pitfalls and ensure their eligibility.
What is a Consular Green Card?
A consular green card is processed outside the U.S. through a U.S. consulate or embassy in a foreign country. Consular green cards must be obtained when the applicant lives abroad and is therefore ineligible to file for adjustment of status. It should be noted that the rights and privileges granted by a consular green card are the same as any other. Although consular green cards are not as common when it comes to employment-based applicants, they are often used in family-based petitions.
Once you file your underlying petition in the U.S. and it is approved, your case will be sent to the nearest consulate. From here, you will need to submit all appropriate documentation and may need to attend a visa interview at the consulate. Once your permanent residency is approved, you’ll be issued a visa stamp, and your green card will be mailed to you after you enter the U.S.
Travelling to the U.S. as a visitor while your consular green card application is pending can be risky due to concerns about immigrant content. U.S. Customs and Border Protection may deny entry if they believe you intend to stay permanently, especially sending a pending immigrant petition suggests long-term plans. Even visa-exempt individuals, like Canadians, must demonstrate strong ties to their home country and a clear intent to return. Attempting to enter the U.S. during this time could jeopardize the green card process or lead to allegations of misrepresentation. Consulting with our team of immigration attorneys before travelling is strongly recommended to facilitate successful entry as a visitor while your consular green card is pending.
Get Professional Advice On Your Immigration Goals Today
Before going down the long path towards a green card, make sure you really need one. If not, find out what better options may exist for you. Arrange a talk with our lawyers today. Call 604-684-4211 or fill in our online form and have our office contact you.
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604-684-4211
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Vancouver, BC V6C 3N6
US OFFICE:
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Bellingham, WA 98226
FAX:
604-305-0338
Frequently Asked Questions
At Border Solutions Law Group, we aim to provide clear, straightforward answers to help you understand your rights.
Here are some common questions we receive related to Green Cards:
What happens to a green card holder if they get divorced from a U.S. citizen?
When a marriage between a green card holder from British Columbia and a U.S. citizen ends the consequences can be significant. U.S. immigration has several measures in place to prevent sham marriages entered into purely for the purpose of obtaining green cards. Even though state law governs U.S. marriages, the Immigration and Customs Enforcement essentially considers the marriage as nonexistent for immigration purposes.
Some couples would marry but separate soon after the non-U.S. citizen applied for a green card. For that reason, Immigration Services might even regard a legal separation as the end of qualification for a green card. However, if an application for a green card is filed more than two years after the marriage, the marriage will be regarded as genuine. If the application is submitted sooner, the green card holder may only apply for U.S. citizenship after three years of marriage.
Circumstances in a divorce that could indicate a good faith marriage include the couple having a child together or owning property. The noncitizen may not be deported if it can be shown that deportation would cause extreme hardship, or if the noncitizen is the victim of abuse by a U.S. citizen spouse. Failing to show any of these may deny the green car holder the opportunity to apply for U.S. citizenship and could lead to deportation.
Any British Columbia citizen who wants to enter into a marriage with a U.S. citizen, or get a divorce from one, will likely benefit by becoming fully informed regarding any immigration law issues. A lawyer who is registered on both sides of the border and experienced in all matters related to U.S. immigration is a solid choice. The lawyer can review the available facts, suggest the best way to proceed and provide ongoing support.
Source: divorce.lovetoknow.com, “Green Card and Divorce“, Audrey M. Jones, Accessed on Sept. 29, 2017
Do you need a green card or a visa to enter the U.S.?
British Columbia residents who are planning to go to the United States for employment or other reasons may be confused about the requirements for legal entrance and the length of time they will be allowed to stay. With frequent changes to U.S. immigration regulations, it could be quite a challenge to navigate the necessary processes to ensure smooth entry at the border and during the stay. The first thing to understand is the difference between a visa and a green card, which is also called a Permanent Resident Card.
Although both these documents can allow an individual to stay or live in the United States, there is a significant difference. Permanent U.S. residence and employment are allowed for those with green cards, while there could be a time limit attached to a visa. However, two types of visas exist — non-immigrant and immigrant visas.
A person who holds a nonimmigrant visa will have a specific date by which he or she must leave the United States. These are typically issues for visitors, students, business people and such. In comparison, an immigrant visa — the same as the green card — allows an individual to stay in the United States and apply for U.S. citizenship. There are limited numbers of immigrant visas allocated annually, and they are typically obtained through sponsorship by employers, family or special immigration status.
Any person from British Columbia or another country who remains in the United States beyond the expiry date on a nonimmigration visa might be removed and returned to his or her home country. To avoid such a situation, it might be wise to consult with a British Columbia lawyer who is experienced in dealing with U.S. immigration issues. A lawyer who is registered on both sides of the border can be invaluable if complications arise at the border or in the United States.
Source: Echo Press, “Immigration issues and answers“, Celeste Edenloff, Oct. 25, 2017
Which type of visa do you need to visit the U.S.?
Whether you are a British Columbia citizen who wants to travel across the border for temporary employment, to study or to visit, getting the paperwork done can be a daunting task. With frequent changes to U.S. immigration laws and visa requirements, it can be nearly impossible to understand all of the intricacies involved without professional assistance. Having the process simplified might improve your chances of a successful visa application.
Visas to authorize education, employment or training may require extensive documents, applications and petitions to demonstrate your eligibility. The fact that you have to navigate the laws of both Canada and the United States doubles the complexity of the process.
Non-immigrant visas
The first obstacle may be determining the type of visa for which to apply. Non-immigrant visas comprise of 20 different categories. However, the three main types are for business visitors and tourists, education, and temporary workers — each with subcategories. The following details might help you:
- Education visas: If you are a student with a valid registration at an academic establishment, you must apply for the F-1 visa. This covers students at high schools, language schools, conservatories, universities, colleges or seminaries. However, if you plan to attend a non-academic or vocational program, you will need an M visa. Then there is the J visa that applies to exchange visitors like trainees, students, professors, teachers and more.
- Temporary workers: To enter the United States as a temporary worker, you will need to apply for an H visa. If you are a professional such as a computer programmer or systems analyst, you must have an H-1B visa. However, agricultural workers need H-2A visas.
- Business visitors and tourists: Business visitors are those who intend to engage in commercial transactions, and tourists visit the U.S. for pleasure. If this is your category, the B-1 or B-2 visa will apply to you. If you plan to do business and stay on as a tourist, you can apply for a multiple-purpose B-1/B-2 visa — which do not allow you to accept employment.
- Others: Other non-immigrant visas include those for diplomats, aliens in transit, crewmembers, investors, foreign media representatives, religious workers and more.
Where to find proper guidance and support
It can be difficult to separate faulty information and misguided advice obtained from the internet from accurate information regarding immigration issues. For that reason, the most appropriate route might be to consult with a Vancouver law firm whose focus is on U.S. immigration, and one that is fully familiar with the legalities on both sides of the border. If you work with a firm that is a trusted source of up-to-date immigration advice, it can increase your chances of a favourable outcome.
Still have questions? Contact Border Solutions Law Group today to schedule a consultation.